نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه بین المللی المصطفی
2 مدرس حوزه و دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Arbitration, as one of the most important methods of resolving disputes outside the court, is widely used in resolving disputes. The most important stage of arbitration is the correct understanding of the nature of arbitration, because without a proper understanding of the nature of arbitration, the conditions, effects and functions of arbitration cannot be well understood. There is no consensus regarding the nature of arbitration, but different theories are proposed, therefore, in this article, the nature of arbitration from the perspective of Imamiyyah jurisprudence and Hanafi jurisprudence has been analyzed with a descriptive-analytical method and using library sources. Arbitration in Imamiyyah jurisprudence has a judicial nature. It provides good for the intervention of the government in arbitration matters, while the main pillar of arbitration is the agreement of the parties to the dispute, for this reason, various other opinions have been raised about the nature of arbitration in law. The findings of this research indicate that in jurisprudence and law in all cases, it is not possible to define a single nature for arbitration; Because in some cases, it has stipulated justice, which shows its judicial nature, but in other cases, it does not mention a condition for the arbitrator, which indicates that arbitration is not of a purely judicial nature, but rather a combination of judicial and contractual nature.
کلیدواژهها [English]
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